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Taking Liberties

Taking Liberties The War on Terror and the Erosion of American Democracy

  • Author:
  • Publisher: Oxford University Press USA
  • ISBN: 9780199360826
  • Published In: March 2014
  • Format: Paperback , 296 pages
  • Jurisdiction: U.S. ? Disclaimer:
    Countri(es) stated herein are used as reference only

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  • Description 
  • Contents 
  • Author 
  • Details

    • Powerful account of how civil liberties have rapidly eroded in post-9/11 America
    • Authored by the President of the ACLU, the book features numerous stories of ordinary people caught in the government's surveillance dragnet
    • Explains that the state of emergency has continued into the Obama administration, and shows why we must remain vigilant if we are to hold on to our age-old freedoms

    In this eye-opening work, the president of the ACLU takes a hard look at the human and social costs of the War on Terror. A decade after 9/11, it is far from clear that the government's hastily adopted antiterrorist tactics—such as the Patriot Act—are keeping us safe, but it is increasingly clear that these emergency measures in fact have the potential to ravage our lives—and have already done just that to countless Americans. 

    From the Oregon lawyer falsely suspected of involvement with terrorism in Spain to the former University of Idaho football player arrested on the pretext that he was needed as a "material witness" (though he was never called to testify), this book is filled with unsettling stories of ordinary people caught in the government's dragnet. These are not just isolated mistakes in an otherwise sound program, but demonstrations of what can happen when our constitutional protections against government abuse are abandoned. Whether it's running a chat room, contributing to a charity, or even urging a terrorist group to forego its violent tactics, activities that should be protected by the First Amendment can now lead to prosecution. Blacklists and watchlists keep people grounded at airports and strand American citizens abroad, although these lists are rife with errors—errors that cannot be challenged. National Security Letters allow the FBI to demand records about innocent people from libraries, financial institutions, and internet service providers without ever going to court. Government databanks now brim with information about every aspect of our private lives, while efforts to mount legal challenges to these measures have been stymied. 

    Barack Obama, like George W. Bush, relies on secrecy and exaggerated claims of presidential prerogative to keep the courts and Congress from fully examining whether these laws and policies are constitutional, effective, or even counterproductive. Democracy itself is undermined. This book is a wake-up call for all Americans, who remain largely unaware of the post-9/11 surveillance regime's insidious and continuing growth.

    Readership: Students and scholars of Law and U.S. Politics

  • Introduction
    PART I: DRAGNETS AND WATCHLISTS
    Chapter 1 The Webmaster and the Football Player
    The Material Support Dragnet
    The Football Player
    The Material Support and Material Witness Dragnets
    Chapter 2. <"Foreign Terrorist Organizations,>" Humanitarians,
    and the First Amendment
    The Iranian Democrat
    Peacemakers and Humanitarians
    Chapter 3. Charity at Home
    The Campaign against Charities
    Collateral Damage to Freedom of Religion and Association
    Chapter 4 Traveling with Terror
    Watching the Watchlists
    Security Theater?
    The Rights of Others
    Chapter 5 Banks and Databanks
    Financial Institutions as TIPSters
    Watchlists and the Private Sector
    Does It Work?
    Collecting the Dots
    Why Should I Care? - Privacy and Democracy
    PART II - SURVEILLANCE AND SECRECY
    Chapter 6 Gutting the Fourth Amendment
    The Fourth Amendment and Terrorism
    <"Foreign>" Intelligence Surveillance, Americans, and the Patriot Act
    Mayfield v. United States Part II
    The Secret Court and the One-Sided Litigation
    A Job for Congress and the Courts
    Chapter 7 The Patriot Act and Library/Business Records
    American Librarians
    Judicial Fumbling
    Third Party Records and the Fourth Amendment
    Reconsidering the <"Library Provision>"
    Chapter 8 Gagging the Librarians
    The Library Connection
    Other Librarian Tales
    Chapter 9 John Doe and the National Security Letter
    Why National Security Letters?
    John Doe and Victor Marrero
    Loosening the Gag
    Fourth Amendment Rights for NSL Recipients
    First Amendment Rights for Internet Users
    The Inspector General Exposés 2007-2010
    National Security Letters, the Fourth Amendment, and Congress
    Chapter 10 The President's Surveillance Program
    In the Halls of the Department of Justice
    The Rubber Stamp Congress
    Closing the Courthouse Doors
    Post-FAA Litigation
    The Secret Court Strikes Again
    <"What Else Is It That We Don't Know?>"
    PART III: RESTORING CHECKS AND BALANCES
    Chapter 11 American Democracy - The President, the Congress, and the Courts
    The View from the Oval Office - From Bush to Obama and Beyond
    The Sleeping Watchdog
    Secrecy and the Courts
    The Eclipse of the Courts
    Conclusion
    Ordinary Americans
    Restoring Balance

  • Susan N. Herman became president of the American Civil Liberties Union in 2008 after serving on its national board for twenty years. A constitutional scholar and chaired professor at Brooklyn Law School, she is the co-editor (with Paul Finkelman) of Terrorism, Government, and Law and the author of The Right to a Speedy and Public Trial.

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